Manavalan v. Inspector Of Police

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 3(1) Solvent Raffinate and Slop (Acquisition, Sale and Prevention of Use in Auto mobiles) Order 2000 and Section 7(1)(a)(ii) Essential Commodities Act, 1955, in Crime No.263 of 2021, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant Mr.Krishnan, Deputy Superintendent of Police, Thiruvallur Police Station is that, based on a specific information, on 01.10.2021, he along with his police party, had conducted a search in a company namely Supreme Petrol Products and found 5 lorries which were loaded with 30,900 liters of black oil without any license. Hence, this case.

3. The learned counsel for the petitioner submitted that the petitioner is involved in the business or trading of crud oil and he has got registration certificate from the Ministry of Micro, Small and Medium Enterprises and even as per rules, the petitioner is entitled to keep 50,000 litres of Crud Oil without any licence. But the facts remains that the petitioner is holding license. He further submitted that the case was registered during the year 2021 and that without prejudice to his rights and defence, the petitioner is ready to deposit a sum of Rs.30,000/- to the Juvenile Justice Board, Chennai, and prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the

respondent police vehemently opposed for grant of anticipatory bail to the petitioner stating that on 01.10.2021, when the Deputy Superintendent of Police, Thiruvallur Police Station, along with his police party, conducted a search in the petitioner's company namely Supreme Petrol Products, 5 lorries were found loaded with 30,900 liters of crud oil without any license.

5. Heard both sides and perused the materials available on record including the certificate issued by the Ministry of Micro, Small and Medium Enterprises.

6. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate-I, Tiruvallur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their photographs

and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity.

[b] The petitioner shall pay a sum of Rs.30,000/- (Rupees Thirty Thousand Only) as non refundable deposit to the Chair Person, Juvenile Justice Board, Kellys, Chennai- 600 010 and the receipt of payment for the same, shall be produced before the learned Magistrate at the time of execution of bail bond. [c] the petitioner shall report before the respondent Police, everyday at 10.30 a.m. for a period of one week and thereafter, as and when required for investigation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

11.04.2023 ksa-2 A.D.JAGADISH CHANDIRA, J.,

ksa-2 11.04.2023